VANCE v. XXXL DEVELOPMENT, LLC

No. 37503-6-II.

206 P.3d 679 (2009)

Lynn S. VANCE, an individual, Appellant, v. XXXL DEVELOPMENT, LLC, a Washington limited liability company, Respondent.

Court of Appeals of Washington, Division 2.

May 5, 2009.


Attorney(s) appearing for the Case

Steven Erik Turner, Miller Nash LLP, Vancouver, WA, for Appellant.

Jeffrey W. Daly, Preg O'Donnell & Gillett PLLC, Seattle, WA, for Respondent.


VAN DEREN, C.J.

¶ 1 Lynn Vance appeals the dismissal of her private nuisance claim against XXXL Development, LLC (XXXL). She argues that the trial court erred in determining that her cause of action could not survive sale of the affected property. We reverse and remand for further proceedings.

FACTS

¶ 2 In 1988, Vance bought a house in Longview, Washington for $205,000. In 2006, XXXL sought approval for a residential development just to...

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